Bransford Oak International School v County Director of Education & another (Constitutional Petition E023 of 2026) [2026] KEHC 8092 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 8092 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CONSTITUTIONAL PETITION E023 OF 2026 JM NANG'EA, J JUNE 10, 2026 BETWEEN BRANSFORD OAK INTERNATIONAL SCHOOL ........................... PETITIONER AND THE COUNTY DIRECTOR OF EDUCATION ......................... 1ST RESPONDENT ATTORNEY GENERAL ............................................................... 2ND RESPONDENT RULING 1. By notice of motion dated 12/5/2026, the petition prays for reliefs as hereunder;1. Spent. 2. Spent. 3. That a conservatory order in the nature of an injunction be issued directed at the respondents, their agents, and/or servants, restraining them from closing, interfering with, or in any way obstructing the day-to-day operations of the applicant herein (Bransford Oak International School) situated on Nakuru Municipality Block 16/167, pending the hearing and final determination of this and the main petition. 4. That an order be issued directing the Respondent to issue a provisional letter of authority or a temporary permit to the Petitioner to allow for the continued schooling of the children currently enrolled, to safeguard their right to education under article 43 of the Constitution, pending the final determination of the Petition. 5. That a conservatory order be issued compelling the respondent to maintain the status of the petitioner's school registration application as "Approved" as https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8092/eng@2026-06-10 1
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per the 1st respondent's system excerpt, and further restraining the respondent from de-registering or removing the petitioner's school from its portal or database pending the hearing and determination of this petition. 6. That a conservatory order be issued restraining the Respondent from acting upon any adverse claim or objection regarding the ownership of Nakuru Municipality Block 16/167 raised by third parties as a basis for denying or withholding the petitioner's school license. 7. That a conservatory order be issued staying any administrative decision or directive issued by the Respondent that seeks to halt the issuance of the registration certificate for the applicant (Bransford Oak International School) solely on the grounds of a purported land ownership dispute. 8. That the costs of and incidental to this application be borne by the respondents. 2. The application is supported by an Affidavit of the petitioner’s director (Esther Wanjiru Macharia). In a nutshell, she laments that despite giving a “system- generated” approval to operation of their school, the respondent declined to grant final physical approval on the ground of an unspecified dispute regarding the school’s physical premises. It is contended that the school risks unfair closure in the circumstance, hence this Petition and Application. 3. The respondent failed to reply to the application despite evidence of service thereof. 4. The application is deemed as unopposed and is granted in terms of prayers 3), 4) and 5). 5. The costs of the application shall abide determination of the petition. 6. Ruling accordingly. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 10TH DAY OF JUNE, 2026. J. M. NANG’EA JUDGE In the presence of: Ms Alwala Advocate for Mr. Githui Advocate for the Petitioner. Respondents, Absent. Court Assistant (Jenifier). https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8092/eng@2026-06-10 2
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